Recall the PUNCH has reported how INEC announced Mr. Abiodun returned elected as Governor-elect in Ogun State, from the governorship and State Assembly elections after polling after polling 276,298 votes to defeat his closest PDP rival, Oladipupo Adebutu, who got 262,383 votes.
The PDP also stated that the summary of collated results at the governorship election, it is evident that the candidate of the PDP was in clear lead before compromised officials of INEC allegedly connived with the defeated All Progressives Congress, to cancel PDP’s thousands of winning votes and evidently declare the candidate of the APC, Mr. Adedapo Abiodun as winner, in violation of the provisions of the Electoral Act, 2022.
The PDP while noting that after it has reviewed the conduct of the Saturday, March 18, 2023 governorship election in Ogun State, noted at a press conference by the National Publicity Secretary of the party, Debo Ologunagba, on Saturday in Abuja, urged “INEC to note that with the cancelled votes, the margin of lead between Mr. Adedapo Abiodun of the APC and the PDP Governorship candidate, Oladipupo Adebutu is not in excess of the total number of Permanent Voters Cards, collected in Polling Units where election was not held or cancelled by INEC, citing disruption of polls.
Ologunaba, while pointing out that the margin of lead between the two candidates as announced by INEC Returning Officer is 13,915 thereby invalidating the Declaration and Return made by INEC is at variance with the number of Permanent Voters Cards, collected in places where elections were not held or cancelled is 33,750,
The PDP spokesperson observed that in such situations, the only option available to INEC is to exercise its powers under Section 65 (1) of the Electoral Act, 2022 to review the wrongful declaration and return made within seven days.
For the avoidance of doubt, Section 65 (1) provides that; “The decision of the returning officer shall be final on any question arising from or relating to— (a) unmarked ballot paper; (b) rejected ballot paper; and (c) declaration of scores of candidates and the return of a candidate:
“Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guidelines, and manual for the election.”
The party’s spokesperson speaking further said “In such circumstance, Section 24 (3) (4) of the Electoral Act, 2022 expressly mandate INEC to appoint a new date for the conduct of the polls in the Polling Units where election did not hold or cancelled before any Return can be made.
“Section 24. (3) further maintained “Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.
“Where the Commission appoints a substituted date in accordance with subsections (2) and (3), there shall be no return for the election until polling has taken place in the area or areas affected.”
According to the PDP they hurriedly declaration of the APC candidate by the INEC returning officer as winner is therefore a declaration made contrary to the provisions of the Electoral Act, 2022, regulations and guidelines stipulated by INEC for the election.
He therefore remarked that the act is reckless and highly condemnable that INEC would cancel PDP’s winning votes and hurriedly declare and return the defeated candidate of the APC as winner, in gross violation of the Law and total disregard for the Will of the people as expressed at the election.
Advising INEC to realise that the people of Ogun State are already agitated and are unwilling to accept a declaration that does not reflect their expressed Will at the election, it cautioned the electoral umpire to save the state an imminent breakdown of law and order by reviewing the declaration and return made.
